§432:1-604  In vitro fertilization procedure
coverage.  (a)  All individual and group hospital or medical service plan
contracts which provide pregnancy-related benefits shall include in addition to
any other benefits for treating infertility, a one-time only benefit for all
outpatient expenses arising from in vitro fertilization procedures performed on
the subscriber or member or the subscriber's or member's dependent spouse;
provided that:



(1)  Benefits under this section shall be provided to
the same extent as the benefits provided for other pregnancy-related benefits;



(2)  The patient is a subscriber or member or covered
dependent of the subscriber or member;



(3)  The patient's oocytes are fertilized with the
patient's spouse's sperm;



(4)  The:



(A)  Patient and the patient's spouse have a
history of infertility of at least five years' duration; or



(B)  Infertility is associated with one or more
of the following medical conditions:



(i)  Endometriosis;



(ii)  Exposure in utero to diethylstilbestrol, commonly
known as DES;



(iii)  Blockage of, or surgical removal of, one or
both fallopian tubes (lateral or bilateral salpingectomy); or



(iv)  Abnormal male factors contributing to the
infertility;



(5)  The patient has been unable to attain a
successful pregnancy through other applicable infertility treatments for which
coverage is available under the contract; and



(6)  The in vitro fertilization procedures are
performed at medical facilities that conform to the American College of
Obstetric and Gynecology guidelines for in vitro fertilization clinics or to
the American Society for Reproductive Medicine minimal standards for programs
of in vitro fertilization.



(b)  For the purposes of this section, the term
"spouse" means a person who is lawfully married to the patient under
the laws of the State.



(c)  The requirements of this section shall
apply to all hospital or medical service plan contracts delivered or issued for
delivery in this State after June 26, 1987. [L 1987, c 332, §2 and L 1989, c
276, §4; am L 2003, c 212, §122]